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web design
Terms and Conditions of application for a domain name & web hosting.
Terms for the registration Nominet UK Key phrases netsmartONLINE Website Website Hosting Nominet UK Dispute
Resolution Service
Uniform Domain Name
Dispute Resolution Service
Please find below our Terms & Conditions of acceptance of your domain name registration(s) and/or web hosting & value-added services & software.
Definitions
"The Agent" NetsmartONLINE, Northern Technologies, Netherfield Road, Nelson, Lancashire, BB9 9AR Owners of www.netsmartonline.net. "The Registrant" includes the person applying for the domain name or any party acting on the Registrant's instructions. "The Registry" includes the relevant domain name Registry.
Section Headings
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
The Agent agrees as follows
The Registrant agrees as follows
Cancellation of Registration of a Domain Name and/or Web Hosting
Period of Registration of a Domain Name
Transfer and/or Release of a Domain Name to another Agent
Nameserver Changes
Anti-Spam Policies
Period of Web Hosting
All party agreement
Your Statutory Rights
The Agent agrees as follows
1.1 To consider applications received for a domain name registration &/or web hosting from the Registrant.
1.2 To accept or reject the application for a domain name registration & web hosting subject to the rules and regulations of the relevant Registry who administer name applications under that domain & under the laws of the United Kingdom.
1.3 If the application is accepted by the Agent on receipt of the full fees the Agent will register the relevant details with the Registry to effect a full domain name registration.
1.4 Once the Domain Name and the Registrant's details have been entered in the Register of Domain Names as a full registration no refund of fees will be payable by the Agent.
1.5 The Agent is entitled to register domain names on a first come, first served basis, whether or not it has received payment for their registration.
1.6 Until the agent has confirmed the registration, there is no guarantee that the domain name applied for will be entered in the Register as such. The Registrant is advised not to take any action in respect of the registration of a domain name before it becomes a full registration.
1.7 The Agent will supply DNS service to host the domain name either on servers owned and operated by the Agent or on other third party owned and operated servers.
1.8 The Agent accepts no responsibility for the use of any domain name on the register of domain names and in particular for any conflict with trademarks, registered or unregistered, or with rights to names in other contexts.
1.9 The Agent will use its reasonable endeavours to ensure that the appropriate details of the Registrant's registration are correctly entered and maintained in the register of domain names. In no circumstances will the Agent be liable for any loss of profit, business suffered by the Registrant.
1.10 The Agents liability to the Registrant under the contract or otherwise for proved liability for negligence is limited to 125% of the registration fees paid in respect of a particular period of registration or web hosting.
1.11 All registrations remain the property of the Agent until payment has been made in full. The Agent reserves the right to withhold DNS service until all monies owed by the applicant have been received.
1.12 The Agent will not register domain names considered by the Agent and at the Agent's sole discretion to be of an explicit sexual, indecent, or racist nature.
The Registrant agrees as follows
2.1 The Registrant warrants to the Agent that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party.
2.2 The Registrant warrants to the Agent that the details submitted by the Registrant to the Agent are true and correct, and that future additions or alterations to those details will be true and correct.
2.3 The Registrant indemnifies the Agent against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party and indemnifies the Agent against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim.
2.4 The Registrant indemnifies the Agent against any claim that the contents, information, data, images, sounds or multimedia, of the web site hosted by the Agent, directly or indirectly infringes the legal rights of any third party and indemnifies the Agent against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim.
2.5 The Registrant agrees to place only legal & legally acquired content, information, data & images on the Registrant's web site hosted by the Agent, and agrees to remove any material when requested by the Agent where in the Agent's considered opinion the publication on that site of such material may constitute an illegal or libellous act.
2.6 The Registrant accepts that the Registry records of the domain name applied for will show some of the details supplied by the Registrant in respect of this domain name application. The Registry may allow other organisations and members of the public to access the data forthe purpose of obtaining information about the registration of the Domain Name. The actual detail made available by the Registry to a third party is at the discretion of the Registry and no liability for how this information is made use of by a third party is accepted by the Agent.
Cancellation of Registration of a Domain Name and/or Web Hosting
3.1 A charge of UK £25 + VAT (UK £29.38) will be made for cancellation of any domain name registration or web hosting requested by the registrant before the registrants' card has been debited, or before the requested domain name has been registered.
3.2 Once a domain name has been registered, no cancellation is possible.
Period of Registration of a Domain Name
4.1 The initial registration period is two years from the date of the application for registration for .UK for COM NET ORG the registration period is between 2 to 10 Years. Thereafter, the registration may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable at the time of renewal and as shown on the Agents web site.
4.2 All transfers and renewals will be made on the Agents Terms & Conditions & Prices current at the time of the transfer or renewal.
Transfer and/or Release of a Domain Name to another Agent
5.1 The Agent agrees to transfer &/or release all domains names free of charge at any time.
Nameserver Changes
6.1 The Agent agrees to nameserver changes free of charge at any time.
Anti-Spam Policies
7.1 The Agent reserves the right to terminate without notice the contract with any Registrant who commits spam or sends spam (otherwise known as "Unsolicited Commercial Email") or who uses the Agents' servers for spam, spamdexing or bulk emailing.
7.2 This termination will be at the sole discretion of the Agent.
Period of Web Hosting
8.1 The initial period for web hosting & other related services, is one year from the date of the application for those services. Thereafter, the services may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable at the time of renewal and as shown on the Agents web site.
8.2 All renewals will be made on the Agents Terms & Conditions & Prices current at the time of the renewal.
All party agreement
9.1 These terms and conditions constitute the entire agreement between the Agent and the Registrant. All domain names ordered by the Registrant by either electronic or written means are only accepted by the Agent under the terms of this agreement.
9.2 This contract may be assigned by the Agent.
9.3 The Agent may change the terms and conditions of the contract on renewal or transfer of the registration of the Domain Name and/or web hosting.
9.4 The Agent may not be held liable for the contents, information, data, images, sounds or multimedia, placed on a web site hosted by the Agent.
Your Statutory Rights
10.1

Your statutory rights are not affected under the consumer protection laws currently in force, including, but not limited to:

 

10.1.1

The Trade Descriptions Act 1968.
The Consumer Credit Act 1974.
The Sale of Goods Act 1979.
The Supply of Goods & Services Act 1982.
The Unfair Contract Terms Act 1977 & The 1994 Regulations.
The Consumer Protection Act 1987.

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